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The vital role of special education the world over can not be overstated. Special education is a vital tool to enable individuals with disabilities to realize their goals of equal opportunity in life, full participation in community life, independent living, and economic self-sufficiency. The field of special education has grown at different rates in the various countries of the world. However, since its beginnings in the early to late 1900s, Special Education has grown fast in the United States in terms of the number of students served and the types and quality of services provided. Right from its early beginnings to the present, litigation and legislation continue to play a central role in the development of special education in the country.Kenya has also done its part to advance education of its children and youth with disabilities. Using these two countries as case studies, this article examines legislation and litigationthat has contributed to the development of the special education field.

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